Posted on 03/07/2012 5:46:37 AM PST by marktwain
[Click here to listen the 911 call made from a private residence in Springville Utah where a home owner shot and killed an invader.] This series has long argued that there are two parts to armed self-defense. Defending yourself against a lethal threat and defending yourself against prosecution for defending yourself against a lethal threat. Just as the first rule of a gunfight is have a gun, the first rule for staying out of jail and/or losing everything you own due to defensive gun use is STFU (Shut The F Up). That rule starts from the moment you call the cavalry. Here’s the 411 on 911 . . .
1. Make the call as short as possible
911 operators are trained to keep the caller on the line as long as they can, until the first responders make the scene. You are under no legal obligation to remain in contact with the operator.
By the same token, the 911 operators are trained to extract as much information from the caller as possible. You are under no legal obligation to answer any of the operator’s questions.
Never forget that anything you say on a 911 call can and will be used against you in a court of law. Anything. And the way you say it.
Communicate the basic information necessary: the situation (there’s an intruder in my house/there’s been a shooting), your address, a description of yourself and the medical condition of a wounded friendly (if applicable). After that? Nada. What else do the cops need to know? Nothing. Not a damn thing.
2. Either hang up or put the phone down as soon as possible
Once you’ve shared the key info, either hang up or put the phone down. The former is the best strategy if the DGU is done. The latter is the best option if the situation is in progress.
If you throw the phone down—an excellent idea from a strategic/situational awareness point of view—remember that you’re being recorded.
Use that to your advantage. If it’s safe to do so, yell a warning to the intruder. “The police are on their way. I’ve got a gun. Don’t make me me shoot you.” Over-zealous prosecutors hate that stuff. Juries love it.
Again, it’s not just what you say, but how you say it. If you start swearing, laughing (even nervously) or go for some Clint Eastwood-like line before pulling the trigger, that will NOT work out well for you.
3. Do not discuss the 911 call with the cops
Police/detectives arriving on scene will try to extract as much information from you as possible. The cops may try and use information from the 911 call to get you to talk before you lawyer up. Lawyer up. Tell them “My life was in danger” and “I will answer all your questions after I speak with my attorney.” And . . . that’s it. Nothing else.
Don’t be fooled by 911 operators’ good intentions (which are beyond doubt). They are not trying to get you into trouble. But by God they can.
I know it’s difficult not to tell a helpful stranger anything they want to know in a time of grave danger. But give them the basics and STFU. Don’t give law enforcement and the perp’s lawyer the ammunition they need to turn you from an armed self-defender into a victim of the legal system.
“I was in fear for my life.”
Repeat as often as necessary until you lawyer up.
If someone is breaking into or already entered your home at 1:15 AM, you shoot the intruder.
DGU = Defensive Gun Use
There are different opinions on this. The lawyer who gave our CCW class advised the following:
State the information required for the police and ambulance to arrive.
If anyone is hurt, let them know that you need an ambulance
Make the statement that you are scared that (he might get back up, come after you again, etc)
Say that others may have been hurt and you need to go check on the others and put the phone down without hanging up.
When the police sirens or lights arrive, start hyperventilating. When the Police approach you, point out any material items such as weapons broken glass, etc. Do talk about how scared you were and say that you need to go to the hospital because your chest hurts and you feel faint.
At the hospital, call your lawyer
DO NOT:
Talk about time, cause or any details
I'm with you, poor writing, but the term "defensive gun use" was used just before the STFU part so I'm guessing that is it.
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I understand not wanting to talk to the police after a DGU incident, but I think "play-acting" or faking a medical condition as described above is a bad road to go down. You do not want to do or say anything that can be proved later as a staged act on your part or outright lying to the police.
Better to just remain calm and composed and say nothing to police other than you acted in self-defense and will need to speak to a lawyer before giving additional detail. Be polite to the police and don't feed them any BS.
!
Also, good talk by attorney on youtube Don't talk to police about what to do if you've had to defend yourself.
I am not saying let the police know you are having a tox screen run... do it on your own, and let the hospital know it is not to be released to anyone but yourself... regardless of your state, this information is to be given to your attorney ONLY..
If you are behaving like someone who is upset but trying to help (pointing out weapons, broken glass, etc) and you are scared, then you are behaving the way the police see 1,000s of victims and their experience is to side with you.
Our lawyer in our CCW class pointed out that first impressions are very important. Your first impression to the legal system in a DGU is the 911/Police response. If they do not arrest you, then you will most likely not have to go to trial.
ditto, thx for posting this!
Yes very good advice. The only thing he might have added is that if you shoot someone make sure they are dead. Then there is only one side of the story. Yours. I have had several cops that I know tell me that.
This directly contradicts the American Rifleman DVD series on home defense, which tells you to narrate the entire encounter into your phone throughout the entire episode so the 911 operators can record the entire event.
What you say, and what they say you said, are rarely never the same thing.
Police are govt employees w/ guns and necessarily lowest common denominator types. The best practice always is to know your rights and keep your mouth shut. If your ‘lack of cooperation’ results in arrest then so be it. The alternative is to talk to much and have that used against you in court. The police is NEVER your friend. If you violate that precept youll wind up regretting it always.
Yes, anytime cops get in a gunfight, I’ve noticed that their opponents often take in excess of 30 rounds to center of mass and head.
Unless you are expert at hiding/disposing of a corpse. Fixed.
Unless you are expert at hiding/disposing of a corpse. Fixed.
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